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Erie County Public Records /Erie County Divorce Records

Erie County Divorce Records

What Are Erie County Divorce Records?

Divorce records in Erie County are official legal documents maintained by the Erie County Clerk's Office that document the dissolution of marriage between two individuals. These records are created pursuant to New York Domestic Relations Law § 236, which governs matrimonial actions including divorce proceedings within the state. Divorce records serve as the official documentation that a marriage has been legally terminated through court proceedings.

Erie County divorce records typically consist of several components:

  • Divorce decree (judgment of divorce)
  • Separation agreements
  • Property settlement documents
  • Child custody and support arrangements
  • Financial disclosure statements
  • Court orders related to the divorce

These records are maintained as part of the county's vital records system and serve multiple important purposes, including:

  • Providing legal proof of marital status change
  • Enabling individuals to legally remarry
  • Supporting name change processes
  • Verifying eligibility for Social Security benefits
  • Documenting status for loan applications
  • Establishing legal status for immigration matters

The Erie County Clerk serves as the official custodian of these records, maintaining them in accordance with New York Public Officers Law § 87, which establishes requirements for public records maintenance and access.

Are Erie County Divorce Records Public?

Erie County divorce records have a complex public access status governed by both New York State law and judicial regulations. While certain divorce information is publicly accessible, significant restrictions exist to protect privacy.

Under the New York Freedom of Information Law (FOIL), divorce records are subject to specific limitations. Pursuant to New York Domestic Relations Law § 235, matrimonial records, including divorce proceedings, are sealed for 100 years from the date of filing and can only be accessed by:

  • The plaintiff (person who filed for divorce)
  • The defendant (responding party)
  • Attorneys of record for either party
  • Individuals with a court order authorizing access
  • Individuals with written authorization from a party to the divorce

The public may access limited information about divorce cases through the Erie County Clerk's Office, including:

  • Case numbers
  • Names of parties
  • Filing dates
  • General case status (pending, disposed)

However, the actual contents of divorce filings, including financial disclosures, custody arrangements, and personal statements, remain confidential under state law. This restricted access balances the public's right to information with the privacy interests of individuals involved in divorce proceedings.

Erie County Clerk's Office
92 Franklin Street
Buffalo, NY 14202
(716) 858-8785
Erie County Clerk

How To Find a Divorce Record In Erie County in 2026

Members of the public seeking divorce records in Erie County may utilize several methods to locate these documents. The appropriate approach depends on the requester's relationship to the case and the specific information needed.

For parties to the divorce or their authorized representatives:

  1. Visit the Erie County Clerk's Office in person at the Erie County Courthouse
  2. Complete a records request form, providing the case number if known
  3. Present valid government-issued photo identification
  4. Pay applicable search and copy fees ($5.00 per search, $0.65 per page for copies)
  5. For certified copies, pay the additional certification fee ($8.00 per document)

For third parties seeking limited publicly available information:

  1. Submit a written request to the Erie County Clerk's Office specifying the information sought
  2. Provide justification for the request in accordance with New York Domestic Relations Law
  3. Allow 5-7 business days for processing

Attorneys of record may access case files by:

  1. Presenting their attorney registration card and case information
  2. Utilizing the New York State Courts Electronic Filing System (NYSCEF) for cases filed after 2018

Genealogical researchers seeking historical divorce records (over 100 years old) may:

  1. Contact the Erie County Clerk's Records Management Division
  2. Submit a written request detailing the specific records sought
  3. Pay applicable research fees ($15.00 per hour, one hour minimum)

Erie County Supreme Court
25 Delaware Avenue
Buffalo, NY 14202
(716) 845-2000
New York State Unified Court System

How To Look Up Divorce Records in Erie County Online?

Erie County provides limited online access to divorce record information through several digital platforms. These resources allow authorized individuals to locate basic case information while maintaining privacy protections required by New York State law.

The primary online resources for divorce record searches include:

  1. Erie County Clerk's Online Public Records Search

    • Access via the Erie County Clerk's official website
    • Search by party name, case number, or filing date
    • Available for cases filed after 1990
    • Provides index information only (names, dates, case numbers)
    • No access to actual document contents

  2. New York State Unified Court System WebCrims

    • Access via NYS Courts Electronic Filing system
    • Requires attorney registration or party authorization
    • Provides case status, appearance dates, and basic procedural information
    • Available for e-filed divorce cases (mandatory for represented parties since 2018)

  3. New York State Department of Health Vital Records

    • Limited to verification of divorce occurrence
    • Available only to parties named in the divorce
    • Requires submission of identification and authorization forms
    • Provides certification of divorce but not actual divorce decree contents

When using online search tools, users should note:

  • Full document access is not available online to the general public
  • Matrimonial records remain sealed for 100 years under New York law
  • Online searches provide index information to help locate physical records
  • E-filed documents in Erie County are available for online viewing only through the NYSCEF system by authorized parties

For comprehensive divorce record information, parties must still contact the Erie County Clerk's Office directly or visit in person with proper identification and authorization.

How To Find Divorce Records for Free In Erie County?

Erie County residents seeking no-cost access to divorce records have several options available, though free access is generally limited to basic information rather than complete file contents.

The following resources provide free divorce record information:

  1. Erie County Public Library - Central Branch

    • Access to public court indices and microfilmed records
    • Self-service terminals for basic case lookups
    • Reference librarians can assist with historical research
    • No access to sealed case contents

    Buffalo & Erie County Public Library
    1 Lafayette Square
    Buffalo, NY 14203
    (716) 858-8900
    Buffalo & Erie County Public Library

  2. Erie County Clerk's Office Public Terminals

    • On-site computer terminals for basic case information
    • No charge for self-service searches
    • Fees apply only for printed copies or certified documents
    • Available during regular business hours (9:00 AM - 5:00 PM, Monday-Friday)

  3. New York State Court Access Terminal

    • Located in Erie County Supreme Court building
    • Provides access to basic case information
    • No charge for viewing case status and scheduling information
    • Cannot access sealed matrimonial file contents

  4. Legal Aid Bureau of Buffalo

    • Assists low-income individuals with record searches
    • Provides guidance on accessing public divorce information
    • Services available to qualifying individuals

    Legal Aid Bureau of Buffalo
    290 Main Street, Suite 400
    Buffalo, NY 14202
    (716) 853-9555
    Legal Aid Bureau of Buffalo

While basic searches may be conducted without cost, fees still apply for:

  • Printed copies of publicly available documents ($0.65 per page)
  • Certified copies of divorce decrees ($8.00 per certification)
  • Research assistance for records older than 25 years ($15.00 per hour)

What's Included in a Divorce Records In Erie County

Divorce records in Erie County contain comprehensive documentation of the legal dissolution of marriage. These records are maintained pursuant to New York Domestic Relations Law § 170, which establishes the grounds and procedures for divorce in the state.

A complete divorce file typically contains the following components:

  1. Initiating Documents

    • Summons with Notice
    • Verified Complaint stating grounds for divorce
    • Affidavit of Service
    • Notice of Appearance by responding party

  2. Financial Documentation

    • Statement of Net Worth from both parties
    • Financial disclosure affidavits
    • Tax returns (often redacted in public files)
    • Pension and retirement account information

  3. Agreements and Settlements

    • Separation Agreement (if applicable)
    • Stipulation of Settlement
    • Property division agreements
    • Maintenance (alimony) arrangements

  4. Child-Related Documents (if applicable)

    • Custody and visitation agreements
    • Child support calculations and orders
    • Parenting plans
    • Child support collection arrangements

  5. Court Orders and Judgments

    • Temporary orders during pendency of divorce
    • Final Judgment of Divorce
    • Qualified Domestic Relations Orders (QDROs)
    • Name change orders

  6. Procedural Documents

    • Court appearance transcripts
    • Motion papers and responses
    • Judicial decisions on contested matters
    • Certificates of dissolution

The Erie County Clerk maintains these records in both physical and electronic formats, with e-filing mandatory for represented parties in matrimonial actions since 2018. The court records filing system provides immediate online access to authorized parties for e-filed documents.

How To Get Proof of Divorce In Erie County?

Individuals requiring official proof of divorce in Erie County may obtain this documentation through established procedures administered by the County Clerk's Office. Official proof of divorce is often needed for remarriage, name changes, loan applications, and immigration matters.

The following methods are available for obtaining proof of divorce:

  1. Certified Copy of Divorce Decree

    • Visit the Erie County Clerk's Office in person
    • Complete the "Application for Certified Copy of Divorce Decree" form
    • Present valid government-issued photo identification
    • Pay the certification fee ($8.00 per document)
    • Only parties to the divorce or their authorized representatives may obtain this document

  2. Certificate of Dissolution

    • Available through the New York State Department of Health
    • Submit application form DOH-1963
    • Provide proof of identity and relationship to case
    • Pay required fee ($30.00 per certificate)
    • Processing time: 2-4 weeks

  3. Divorce Abstract

    • Abbreviated proof of divorce showing names, date, and case number
    • Available to parties to the divorce
    • $5.00 fee per abstract
    • Same-day service available for in-person requests

  4. Exemplified Copy (for use in other states/countries)

    • Enhanced certification with additional court seals
    • Required for international use or recognition in certain states
    • $20.00 fee in addition to regular certification costs
    • Requires 3-5 business days for processing

For mail requests, applicants should:

  1. Download the appropriate request form from the Erie County Clerk's website
  2. Include a self-addressed stamped envelope
  3. Provide a copy of valid identification
  4. Include payment by check or money order
  5. Mail to the Erie County Clerk's Office

Erie County Clerk's Office - Matrimonial Records
92 Franklin Street, Room 1
Buffalo, NY 14202
(716) 858-8785
Erie County Clerk

Can a Divorce Be Confidential In Erie County?

Divorce proceedings in Erie County offer certain confidentiality protections under New York State law, though complete confidentiality is limited to specific circumstances. The default status of divorce records is governed by New York Domestic Relations Law § 235, which establishes baseline privacy protections.

Standard confidentiality protections include:

  • Automatic sealing of all matrimonial records for 100 years
  • Restriction of access to parties, their attorneys, and authorized individuals
  • Redaction of sensitive personal identifiers (Social Security numbers, financial account numbers)
  • Protection of children's names and identifying information

Enhanced confidentiality may be obtained through:

  1. Sealing Order

    • Parties may petition the court for enhanced confidentiality
    • Requires demonstration of good cause (e.g., domestic violence concerns, high-profile status)
    • Judge may order specific documents or entire file sealed
    • Even case index information may be restricted in extreme cases

  2. Anonymous Caption

    • Court may permit use of initials or "Anonymous v. Anonymous" in public records
    • Requires showing of potential harm from public identification
    • Increasingly granted in cases involving domestic violence or public figures

  3. In Camera Review

    • Sensitive documents reviewed privately by judge
    • Not entered into public record
    • Commonly used for psychological evaluations, financial details, and child-related matters

  4. Confidential Alternative Dispute Resolution

    • Private mediation or collaborative divorce processes
    • Maintains confidentiality of negotiations and settlements
    • Final judgment still filed with court but underlying discussions remain private

Parties seeking enhanced confidentiality should:

  • File a motion for protective order early in proceedings
  • Clearly articulate specific privacy concerns
  • Identify particular documents requiring protection
  • Demonstrate potential harm from public disclosure

The court balances privacy interests against the presumption of public access to court records when considering confidentiality requests. Even with enhanced protections, certain basic information (case existence, parties' names) typically remains in public indices unless exceptional circumstances exist.

How Long Does a Divorce Take In Erie County?

The duration of divorce proceedings in Erie County varies significantly based on multiple factors, including case complexity, level of agreement between parties, court caseloads, and procedural requirements established by New York Domestic Relations Law.

Uncontested Divorces

  • Minimum timeframe: 3-6 months
  • Requirements include:
    • Complete agreement on all issues
    • Proper service of all documents
    • Submission of all required forms
    • Payment of filing fees
  • According to the New York State Unified Court System, uncontested cases without children typically process faster than those involving custody matters

Contested Divorces

  • Average timeframe: 9-18 months
  • Factors affecting duration:
    • Complexity of asset division
    • Child custody disputes
    • Business valuation requirements
    • Pension and retirement account division
    • Real estate appraisals and transfers
  • Cases requiring trial typically take 12+ months to complete

Simplified Divorce Proceedings

  • Available for marriages under 5 years with:
    • No children
    • Limited assets (under $50,000 excluding retirement accounts)
    • No real property ownership
  • Average processing time: 2-4 months

According to Erie County Supreme Court statistics, approximately 65% of divorce filings are resolved within 12 months, with the median time to disposition being 8.5 months. The court's matrimonial differentiated case management system categorizes cases by complexity to improve processing efficiency.

Mandatory waiting periods affecting timeline:

  • 40-day waiting period after service before default judgment
  • 45-day waiting period after filing Note of Issue before trial scheduling
  • No statutory waiting period between filing and finalization (unlike some states)

How Long Does Erie County Keep Divorce Records?

Erie County maintains divorce records according to a structured retention schedule established under New York State Archives guidelines and the New York Civil Practice Law and Rules § 2103, which governs court record preservation.

The retention periods for various divorce-related records are as follows:

Permanent Retention

  • Final Judgments of Divorce
  • Divorce Decrees
  • Orders affecting real property rights
  • Index of matrimonial proceedings
  • Microfilmed or digitized case files (post-1950)

Extended Retention (100 Years)

  • Complete matrimonial case files
  • Financial disclosure statements
  • Separation agreements incorporated into judgments
  • Child custody and support orders

Limited Retention (25 Years)

  • Temporary orders
  • Motion papers not resulting in final orders
  • Preliminary conference memoranda
  • Discovery materials not admitted into evidence

Short-Term Retention (7 Years)

  • Scheduling notices
  • Correspondence regarding administrative matters
  • Attorney appearance notices
  • Uncontested divorce worksheets

The Erie County Clerk's Office has implemented a comprehensive records management program that includes:

  1. Microfilming of older paper records (pre-1990)
  2. Digital scanning of paper filings (1990-2018)
  3. Electronic filing and storage (2018-present)
  4. Secure off-site storage for original paper documents

According to the Erie County Records Management Policy, divorce records are maintained in climate-controlled environments to ensure long-term preservation. The County Clerk serves as the official custodian of these records and is responsible for their maintenance, security, and appropriate public access in accordance with state law.

For historical research purposes, divorce records over 100 years old become available to the general public and are transferred to the Erie County Archives for permanent preservation and public access.

How To Get a Divorce In Erie County

Individuals seeking to dissolve a marriage in Erie County must follow procedures established under New York Domestic Relations Law. The divorce process involves several distinct steps and varies based on whether the divorce is contested or uncontested.

For Uncontested Divorces:

  1. Determine Eligibility

  2. Prepare Required Documents

    • Summons with Notice (Form UD-1) or Summons and Verified Complaint (Forms UD-1a and UD-2)
    • Notice of Automatic Orders
    • Notice Concerning Continuation of Health Care Coverage
    • Settlement agreement addressing property, support, and custody if applicable

  3. File Documents with Erie County Supreme Court

    • Submit papers to the Erie County Clerk's Office
    • Pay filing fee ($210) or submit poor person application for fee waiver
    • Receive index number and case assignment

    Erie County Supreme Court
    25 Delaware Avenue
    Buffalo, NY 14202
    (716) 845-2000
    New York State Unified Court System

  4. Serve Documents on Spouse

    • Arrange for proper service by someone over 18 who is not a party to the case
    • File Affidavit of Service with court
    • Wait for response or expiration of response period

  5. Complete Additional Paperwork

    • Affidavit of Defendant (if spouse agrees) or request for default
    • Note of Issue
    • Findings of Fact and Conclusions of Law
    • Judgment of Divorce
    • Certificate of Dissolution

  6. Submit Final Papers for Judicial Review

    • File completed packet with Matrimonial Clerk
    • Judge reviews and signs judgment if all requirements met
    • Receive certified copy of divorce judgment

For Contested Divorces:

  1. Consult with Attorney

  2. File and Serve Initial Papers

    • Same initial filing process as uncontested divorce
    • Spouse typically files Answer and possible Counterclaims

  3. Preliminary Conference

    • Mandatory court appearance to establish discovery schedule
    • Temporary orders for support, custody, and exclusive occupancy may be issued

  4. Discovery Process

    • Exchange of financial documentation
    • Depositions if necessary
    • Appraisals of property and business interests

  5. Settlement Negotiations

    • Court-mandated mediation for custody issues
    • Four-way conferences with attorneys
    • Judicial settlement conferences

  6. Trial (if necessary)

    • Presentation of evidence and testimony
    • Judicial determination of contested issues
    • Issuance of findings and judgment

  7. Post-Judgment Procedures

    • Filing of Qualified Domestic Relations Orders if needed
    • Transfer of property titles
    • Implementation of custody and support arrangements

How To Get Divorce Papers In Erie County

Individuals seeking to initiate divorce proceedings in Erie County have several options for obtaining the necessary legal forms. These documents must comply with New York State requirements and local court rules.

The following resources provide access to divorce papers:

  1. New York State Unified Court System Website

    • Comprehensive uncontested divorce packet available for download
    • Forms include instructions and samples
    • Available at NYCourts.gov Divorce Forms
    • No cost for downloading and printing forms

  2. Erie County Supreme Court - Help Center

    • In-person assistance with form completion
    • Paper copies of all required forms
    • Staff cannot provide legal advice but can answer procedural questions
    • No appointment necessary

    Erie County Supreme Court Help Center
    25 Delaware Avenue, 3rd Floor
    Buffalo, NY 14202
    (716) 845-1816
    Erie County Supreme Court

  3. Erie County Law Library

    • Reference materials and form books
    • Computer access for downloading forms
    • Printing services available (fee per page)
    • Legal reference librarians to assist with locating materials

    Erie County Law Library
    77 West Eagle Street, 8th Floor
    Buffalo, NY 14202
    (716) 858-6300
    Erie County Law Library

  4. Legal Aid Bureau of Buffalo

    • Assistance for income-eligible individuals
    • Help with form completion and filing
    • Limited representation may be available
    • Call for appointment and eligibility screening

    Legal Aid Bureau of Buffalo
    290 Main Street, Suite 400
    Buffalo, NY 14202
    (716) 853-9555
    Legal Aid Bureau of Buffalo

  5. Erie County Clerk's Office

    • Limited form availability
    • Filing of completed documents
    • Cannot provide assistance with form completion
    • Accepts filing fees and processes submitted documents

Required forms vary based on divorce type (contested/uncontested) and specific circumstances (children, property, etc.). At minimum, the following forms are needed:

  • Summons with Notice (UD-1) or Summons and Complaint (UD-1a, UD-2)
  • Notice of Automatic Orders
  • Notice of Guideline Maintenance
  • Affidavit of Service
  • Affidavit of Defendant (if uncontested)
  • Financial disclosure statements

All forms must be completed in English, typed or neatly printed in black ink, and submitted with the required number of copies as specified in the instructions.

Lookup Divorce Records in Erie County

Divorce Records | Erie County Clerk Michael P. Kearns

Erie County Clerk's Online Public Record Search

Court Records/Filing | Erie County Clerk Michael P. Kearns

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